The URL can be used to link to this page

Home My WebLink Aboutbuilding department violation 2008Property Owner's TOWN OF YARMOUTH BUILDING DEPARTMENT I146 Route 28. South Yarmouth, MA 02664 S0g_39g_22i1 ext. 260 NO'I]CE OF VIOLA'I'ION October 31, 2fi)8 November 4, 2fi)E R (MA State Building Code th Zoning Bylaw 36 Captain Ryder R.oad, South yarmouth, M A 02ffi ), Narne:to Mailing Address: 36 Captain Ryder Road, South yarmouth. MA 02664 on october 3r, 2008, I inspecrcd your property at 36 captain Ryder Road, South yarmouth, MA 02664.During the inspection, I did observe one bed.room in the tasement. This bedroom is located in the sectionlisted by rhe Town of yarmouth Assessor as unfinished. The Building Depanm.iii", ,. p.*ri" * m"for alterations or other work in the basement. The basement bedroom has.inadequate light and ventilation and no emergencyescape.,No building,, ploTlhF or electriial pennils have b""" i.."J i;;-;"conversion of this section of the basement from an unfinishea conaition inio " ,r*0.*room. This room is the fourth bedroom in a risted three-ma.*. io-u."] - "'*"- d,fi hiffi* of the following 780 cMR (MA srate Building Code) and rown of yarmourh Zoning 780 cMR s303.1 Habitable Rooms. Alr habitabre rooms shal be provided vvith a1|re\ateglaling area of not ress than gvo of the floor area of such rooms. Naturar vent ation shart bethrough wind.ows, d.oors, louvers or ori* opprorrd oprring, to rhe outdoor air. Such openinpsshall be prouided with ready access or shall othe, _*is) t, iraly *ririiiir;;r";;L;;;;:;occupants.. The minimum openable area to the outdoors shatt bi lVo of th" flooi a;;;;;;';.ventilated. Erceptions: ). The glazed areas need not be openable where the opening is not required by 7g0CMR 5310 and an approved me.chanical.ventilation sysrem"is provided capabie ofproducing 0.35 air change per hour in the room or a'whole-house mechanicalventilation system is instalred capabre of supprying outdoor ventiration air of r5 cubic feet per minute (cfn) (7.08 us) per occupant computed on the basis of two i"rupori,for the firsr bedroom and one occupant for each additional bedroom. Inspection Date: Date of Notice: Inspection Type: 36 Captain Ryder Road Page 2 Notice of Violation 2- The grazed areas need not be provided in rooms where 7g0 cMR 5i0l.l Exceptionl.is satisfied and anificial lighr is provided capable of proarring on- or"roeiltumination of six footcandles (6.46 rux) over'the aria' of th, -ii oi o nriint oy soinches (762 mm) above the floor level. 780.cMR 5310'1 Emergency Escape and Rcscue Required, Basements with habitable spaceand every sleeping room shall have at least one op"nibl, "*rrg"ncJ escape and rescueopening. where basements contain one or more ileeping rooms, emergency egress and rescueopenings shall be required in each sleeping room, but s-hail not a, ,"[uirriii "iir"',"i *i.,of ,th,e ba.sement' where emergency escap-e_and, rescue openings are provided they sha, have asill height of nor more than 44 inches (.1 l.lg mm) above the ltZor. Wnr* o ioo, op";;;;;;;;,a threshold below the adjacent ground erevation serves as an emergency escape and. rescueopening and is provi"ded with a burkhead encrosure, the burkhead iclosuu ,i.tt ,"ii, *irn780 cMR 53 r 0.3- The net crear opening dimensions required by Tsl cMR 53 r 0 siatf ir "' obtained by the normal operation of thi emerg"rry ,rrip, id rrscue opening from the inside.Emergency escape and rescue openings withitr"irnra ,iil n"ignt uo_ t:n" frio;";;;r;:;;'elevaion shall be provided with a window well in accordance with 7g0 CMR 53 I0.2. 780 CMR 5310'1'1 Minimum opening area. A, emergencl- escape and rescue openings sha,have a minimum net clear opening of i.7 square feet tTi.Silfi *rl.Exceptions: 1^ G^ra( fl9or openings shall have a minimum net clear opening of five square feet (0.465 mt).2' Do.uble hun^g windov;s used for emergenry nrcape ,horf b" permitted. to have a net clearopening of 3.3 square feet (0.31 mt1 provided rhat'ot leart un, operable sash meets theminimum heigh-t and width required by 7g0 cMR 53 r 0. t.2 and'53r0.1.3 aa rpr'*ii"*tconstraints defined by 780 CMR 53,0.1.4. 7E0 cMR 5310,1.2 Minimum opening Height. The minimum ner crear opening height sha, be20 inches (508 mm). 780 cMR 5310.1.3 Minimum opening width. The minimum net crear opening width sha, be24 inches (610 mm). Town of Yarmouth zoning Bytaw r03.r,r comoliance ceftificatian. Bu dings. structures or randmay not be erected, substantially altered or chargrd in ,s" ,ith iertificatiln by rhe BuildinLgInspector that such action is in compliance with then applicable zoning, or withoit revie* bv iimregarding whether all necessary permits have been received fto* thoie goveramental agencies yrrm which approval is required by federal, srate or local law. Issuance ol a iuilding permitZr cenificate of use and occupancy, where required under the Commonvveahh of Massachuieirc gate Building Code, may serve as such certificarion. Since the basement bedroom lacks emergency egress, which is a life-safety hazard and is in violation of provisions of 7& cMR and rown of Yarmouth Zoning Bylaw, you are hereby ordered to discontinue the basement bedroom as a sleeping area imrnediately. You are required to apply for all necessary buitding, electricat, and plumbing permits to cover theffi"-fiff"' work in the basemenr permirs w-ill arso be requiied t". iv i"-"lirron in the Failure to compry may result in crirnnal / civir complarnts being filed against you. you may be subject rofines as prescribed by pertinent laws and regularions, -olo. ir,! i.ru-ce of any relevant licenses may bedelayed. This order may be monitored in fulture to ensure .ornpti*... Please contact me if I can be of assistance in this maner 36 Captain Ryder Road page 3 Notice of Violation o/'og Andrew Arnault, Local Building Inspector Date Yarmouth Board of Health Yarmouth Pire DeparEneot CERTIFTED MAIL 70os 1820 0001 7034 3003 Signed Copy ro: